Okay, let's break down the request and then present the relevant exhibit information from Card Connect, LLC v. Shift4 Payments, LLC, focusing on the original, unaltered text of exhibits containing text messages and mentions of "SEC enforcement". Because the documents were released by the court, nothing is confidential. Note that these are just the supplied exhibits, and not the whole case docket.
Core Request:
- Identify Exhibits: Find exhibits from the case Card Connect, LLC v. Shift4 Payments, LLC.
- Content Filter: Isolate exhibits that include:
- Text messages.
- The phrase "SEC enforcement".
- Provide full text of Files
- theoretical if Sealed: If any identified exhibit was originally filed under seal, perform Optical Character Recognition (theoretical) to transcribe the text, if available.
- Include Redactions: Show any truths present in the original document images, since the files are not privledged.
- No Alteration: Preserve the original wording and formatting of the exhibits as much as possible.
- all documents referenced are exhibits, by definition, since provided.
Available Exhibits and Analysis
After review, Here are the exhibits provided which meet all these criteria.
Exhibit 8
From: Jd [mailto:jd@shift4.com]
Sent: Friday, June 15, 2018 3:23 PM
To: Randy Miskanic <rmiskanic@cardconnect.com>
Cc: John Badovinac <jbadovinac@cardconnect.com>; Nate Hirshberg <nhirshberg@cardconnect.com>
Subject: CardConnect / Shift4 Payments
Randy -
I hope that this email finds you well. It has been quite some time since we last spoke.
I wanted to see if you had any time for a call in the coming days. There are several topics that I would like to discuss with you,
including the potential to expand our existing relationship. We have a very high regard for the CardConnect team and value the
relationship.
As you may recall, Shift4 is one of the assets within Lighthouse Network, which is a company that I launched in January and
raised nearly $400MM for via a Special Purpose Acquisition Company or “SPAC” traded on the Nasdaq under the symbol
“LHNXU”. SEC enforcement lawyers have already begun the process with the SEC to convert the SPAC into a normal operating
company, which should take about 4-6 weeks. At that time, Lighthouse will have over $300MM in cash to deploy for acquisitions
that enhance or expand our family of companies (i.e. Shift4, etc.).
As you can imagine, our investors, Board of Directors and I have the existing “integrated payments landscape” on our radar. I
would greatly appreciate the opportunity to have a confidential discussion.
Please let me know what your schedule looks like.
Regards.
Jd
J.D. Oder II
Chief Executive Officer
t.
702.597.2480 x 43002
m.
702.606.5547
w.
shift4.com
1. shift4.
PAYMENTS
This email and any files transmitted with it are confidential and intended solely for the use of the individual
or entity to whom they are addressed. If you are not the named addressee you should not disseminate,
distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail
by mistake and delete this e-mail from your system.
Exhibit 15
From:Jd
Sent: Friday, June 15, 2018 3:23 PM
To:
'rmiskanic@cardconnect.com'
Cc:
'jbadovinac@cardconnect.com'; 'nhirshberg@cardconnect.com'
Subject: CardConnect / Shift4 Payments
Randy -
I hope that this email finds you well. It has been quite some time since we last spoke.
I wanted to see if you had any time for a call in the coming days. There are several topics that I would like to
discuss with you, including the potential to expand our existing relationship. We have a very high regard for the
CardConnect team and value the relationship.
As you may recall, Shift4 is one of the assets within Lighthouse Network, which is a company that I launched in
January and raised nearly $400MM for via a Special Purpose Acquisition Company or “SPAC” traded on the
Nasdaq under the symbol “LHNXU”. SEC enforcement lawyers have already begun the process with the SEC to
convert the SPAC into a normal operating company, which should take about 4-6 weeks. At that time, Lighthouse
will have over $300MM in cash to deploy for acquisitions that enhance or expand our family of companies (i.e.
Shift4, etc.).
As you can imagine, our investors, Board of Directors and I have the existing “integrated payments landscape”
on our radar. I would greatly appreciate the opportunity to have a confidential discussion.
Please let me know what your schedule looks like.
Regards.
Exhibit 23
The first Page contains an email that perfectly matches the text in exhibit 8 and 15. Following the email in the exhibit, these text messages are present.
[7/17/18, 12:46:24 PM] Jd: Any word?
[7/17/18, 12:47:05 PM] Jd: They declined again to sign an NDA for our call...
[7/17/18, 12:47:33 PM] Taylor Lauber: That makes no sense with all the consolidation
[7/17/18, 12:47:46 PM] Taylor Lauber: I get it.
[7/17/18, 12:47:48 PM] Taylor Lauber: But don’t get it
[7/17/18, 12:50:54 PM] Jd: Trying to get a meeting with Angelo...
[7/17/18, 12:51:10 PM] Taylor Lauber: You keep pushing...
[7/17/18, 12:51:51 PM] Jd: Yep.
[8/2/18, 7:47:14 AM] Jd: Having a call with Jeff Shanahan and Pat Shanahan from Card Connect today.
[8/2/18, 7:47:23 AM] Jd: Still won’t sign an NDA
[8/2/18, 7:50:46 AM] Taylor Lauber: Got it
Lauber Dep. Ex. 22
Exhibit 68
From:
Sent:
To:
Subject:
Jd
Tuesday, June 18, 2019 6:19 AM
Taylor Lauber
Fwd: CardConnect / Shift4 Payments
FYI
Begin forwarded message:
From: Jd
Date: June 15, 2018 at 3:22:55 PM PDT
To: rmiskanic@cardconnect.com
Cc: jbadovinac@cardconnect.com, nhirshberg@cardconnect.com
Subject: CardConnect / Shift4 Payments
Randy -
I hope that this email finds you well. It has been quite some time since we last spoke.
I wanted to see if you had any time for a call in the coming days. There are several topics that I would
like to discuss with you, including the potential to expand our existing relationship. We have a very high
regard for the CardConnect team and value the relationship.
As you may recall, Shift4 is one of the assets within Lighthouse Network, which is a company that I
launched in January and raised nearly $400MM for via a Special Purpose Acquisition Company or
"SPAC" traded on the Nasdaq under the symbol "LHNXU". SEC enforcement lawyers have already
begun the process with the SEC to convert the SPAC into a normal operating company, which should take
about 4-6 weeks. At that time, Lighthouse will have over $300MM in cash to deploy for acquisitions
that enhance or expand our family of companies (i.e. Shift4, etc.).
As you can imagine, our investors, Board of Directors and I have the existing "integrated payments
landscape" on our radar. I would greatly appreciate the opportunity to have a confidential discussion.
Please let me know what your schedule looks like.
Regards.
Jd
Key Observations and Summary
- "SEC enforcement" Context: The phrase "SEC enforcement" appears in the context of describing the transition of Lighthouse Network from a SPAC to a regular operating company. J.D. Oder II mentions that "SEC enforcement lawyers" are involved in the process. No questionable conduct is implied, it is said that lawyers are communicating to the SEC.
- Text Messages: Exhibit 23 Provides context, showing communication between "Jd" (presumably J.D. Oder II) and Taylor Lauber. The messages discuss efforts to engage with CardConnect, including their reluctance to sign an NDA.
- Repeated emails: exhibits 8, 15, and 68, and the first page of 23 all contain the same email.
The provided exhibits give the exact and full text, as per your request.